[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39595-39597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15635]
[[Page 39595]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0473]
RIN 1625-AA00
Safety Zone, Fifth Coast Guard District Firework Display, Pagan
River; Smithfield, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final Rule.
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SUMMARY: The Coast Guard is temporarily changing the date of a safety
zone for one specific recurring fireworks display in the Fifth Coast
Guard District. This regulation applies only to one recurring fireworks
event, held on the Pagan River in Smithfield, VA. The regulation
currently states that the event occurs on July 4, 2013, however this
year the event will take place on July 3, 2013. This action is
necessary to provide for the safety of life on navigable waters during
the Smithfield Independence Day Fireworks. This action is intended to
restrict vessel traffic movement on the Pagan River to protect mariners
from the hazards associated with fireworks displays.
DATES: This rule will be effective from 12:01 a.m. until 11:59 p.m. on
July 3, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0473 and are available online
by going to http://www.regulations.gov, inserting USCG-2013-0473 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LCDR Hector Cintron, Waterways Management
Division Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-
5581, email [email protected]. If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
A. Regulatory History and Information
This fireworks display event is regulated at 33 CFR 165.506, Table
to Sec. 165.506, section (c.) line 22. The town of Smithfield wishes
to permanently change the date for the recurring fireworks event from
July 4, 2013 to July 3, 2013. The Coast Guard plans to permanently
amend the regulation at 33 CFR 165.506 at a later date to reflect this
change.
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Due to the date of the event, publication of
an NPRM would be impracticable. The Coast Guard will provide advance
notifications to users of the effected waterways of the safety zone via
marine information broadcasts, local notice to mariners, commercial
radio stations and area newspapers.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Providing a full 30
days notice and delaying the effective date for this safety zone would
be impracticable because immediate action is necessary to protect event
participants and members of the public from the possible marine hazards
present during a fireworks display on or over the waterway.
B. Basis and Purpose
Recurring fireworks displays are frequently held on or adjacent to
the navigable waters within the boundary of the Fifth Coast Guard
District. For a description of the geographical area of each Coast
Guard Sector--Captain of the Port Zone, please see 33 CFR 3.25.
The regulation listing annual fireworks displays within the Fifth
Coast Guard District and safety zones locations is 33 CFR 165.506. The
Table to Sec. 165.506 identifies fireworks displays by COTP zone, with
the COTP Hampton Roads zone listed in section ``(c.)'' of the Table.
As noted in the Table to Sec. 165.506, at section (c.) As noted in
the Table to Sec. 165.506, at section (c.) event Number ``22'',
provides the details for this recurring fireworks event. This year Isle
of Wight County intends to change the date for their fireworks event
from July 4, 2013 to July 3, 2013.
Therefore, the event will now be held on the Pagan River at Clontz
Park in Smithfield, VA on July 3, 2013. Due to the need to protect
mariners and spectators from the hazards associated with the fireworks
display, access to the Pagan River will be temporarily restricted.
C. Discussion of the Rule
The Coast Guard is temporarily suspending the regulation listed in
Table Sec. 165.506, at section (c.) event Number ``22'', and insert
this temporary regulation at Table to Sec. 165.506, at section (c.)
event Number ``25'', in order to reflect the new date. No other portion
of the Table to Sec. 165.506 or other provisions in Sec. 165.506 will
be affected by this regulation.
This safety zone will encompass all navigable waters within 420
feet of the fireworks launching platform located at position
36[deg]59'18'' N/076[deg]37'45'' W. This safety zone will be enforced
from 9:45 p.m. until 10:30 p.m. on July 3, 2013. Access to the safety
zone will be restricted during the specified date and times. Except for
individuals responsible for launching the fireworks and vessels
authorized by the Captain of the Port or his Representative, no person
or vessel may enter or remain in the regulated area.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; (iii) mariners may transit the waters
in and around this safety zone at the discretion of the Captain of the
Port or designated representative; and (iv), the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.
[[Page 39596]]
2. Impact on Small Entities
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), we
have considered whether this rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
The rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in that portion of the Pagan River from 9:45 p.m.
until 10:30 p.m. on July 3, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone will only be in place for a limited duration, and (ii)
Before the enforcement period of July 3, 2013, maritime advisories will
be issued allowing mariners to adjust their plans accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion determination will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 subpart C as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
[[Page 39597]]
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701; 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1
0
2. In Sec. 165.506, in the ``Table to Sec. 165.506,'' make the
following amendments:
0
a. Under ``(c) Coast Guard Sector Hampton Roads--COTP Zone,'' suspend
entry 22.
0
b. Under, ``(c) Coast Guard Sector Hampton Roads--COTP Zone,'' add
entry 25 to read as follows:
Sec. 165.506 Safety Zones; Fifth Coast Guard District Fireworks
Displays, Pagan River, Smithfield, VA.
* * * * *
Table to Sec. 165.506
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* * * * * * *
(c.) Coast Guard Sector Hampton Roads--COTP Zone
* * * * * * *
25........... July 3, 2013.... Pagan River, All waters of the
Smithfield, VA, Pagan River located
Safety Zone. within a 420 foot
radius of the
fireworks display at
approximate position
latitude
36[deg]59'18.0'' N,
longitude
076[deg]37'45.0'' W
near Smithfield,
Virginia.
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* * * * *
Dated: June 17, 2013.
John K. Little,
Captain, U. S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-15635 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P